Lawyer seeks delay in hearing of Thomson case

Civil charges against independent MP
Craig Thomson
may not reach a trial until after the federal election.

The lawyer for the former Health Services Union national secretary said he would attempt to have charges filed by the Fair Work Commission postponed until the High Court ruled on a related case.

That case was originally initiated by the Fair Work Ombudsman against Toyota Material Handling. The Federal Magistrates Court ruled that the Ombudsman’s case related to events that occurred more than two years previously and was therefore outside the statute of limitations.

The Federal Court overturned the decision in December. This week, Toyota sought leave to appeal to the High Court. If the High Court agrees to hear the case and rules for Toyota, most of the charges against Mr Thomson will be deemed too old and will be rejected, including allegations that he misspent union funds on prostitutes. He left the HSU in 2007.

Chris McArdle, Mr Thomson’s lawyer, said he would ask the commission to agree to delay the case and seek the court’s approval. If unsuccessful, he would ask the Federal Court to grant a stay at a preliminary hearing on February 1. He said it was “in the interests of the administration of justice" for the High Court to first rule on the Toyota case.

Mr Thomson’s legal team has previously said he will also attempt to strike out other charges on the basis of lack of jurisdiction.

The commission has charged Mr Thomson with 37 breaches of the general duties imposed on union officers and 25 breaches of HSU rules. If the Federal Court grants a stay until the High Court rules in the Toyota case, the prosecution against Mr Thomson could be delayed for more than a year. It is likely the High Court will decide whether to hear the Toyota case in either March or May. Mr McArdle said he had no reason to delay Mr Thomson’s case but “we want it done properly," which would take time.

A commission spokeswoman said she was aware of the plan by Toyota for a High Court appeal but declined to say whether the commission would oppose delaying the Thomson case. “From our perspective, there is a directions hearing on February 1 and that will continue," she said.